Justice H. Patrick Leis III
Husband previously sued wife for divorce, and at the time, wife consented to have her brother appointed her guardian as she was having difficulty processing issues. The parties stipulated to a divorce based on constructive abandonment, and while no agreement was reduced to writing, the parties agreed to a division of assets. The court declined to disturb the parties' pre-litigation division as same was done fairly and voluntarily. Yet, while wife currently had no assets as she "squandered over $1 million between 2003 and the present," and filed for bankruptcy protection in 2011, the court ruled she was not now entitled to a portion of husband's remaining assets. Husband argued wife's failure to list maintenance in her bankruptcy petition as a potential asset barred her from now requesting post-divorce maintenance. The court disagreed finding her right to post-divorce permanent maintenance did not arise until it was established at trial and awarded by the court. It also ruled wife was not capable of becoming self-supporting due to her severe emotional and mental deficiencies, thus a $2,500 monthly non-durational, permanent post-divorce maintenance was necessary to provide for her reasonable needs, and prevent her from becoming a ward of the state.
